Video | Tips for Managing the Preservation of Mobile Device Data
It’s no secret that we are proponents of discovering consumer wearable device data in personal injury litigation. Although the subject is not new, there’s still “surprisingly little precedent” on the issue. Wearable...more
Safeguarding against evidence spoliation ahead of litigations, audits, or investigations is a lot easier when you have a timely, defensible legal hold process. In this conversation, take a look at how to achieve this by...more
Today, we embark on a quest to unravel the triggers that ignite the legal hold process. It will be a wild ride as we navigate the realm of legal obligations and preservation. Or at least slightly more fascinating than one...more
Your friendly neighborhood Technocat is back to shed some light on the captivating topic of legal hold notices. (Riveting I know!) The legal hold process for Electronically Stored Information (ESI) is a crucial step in the...more
Hey there, data detectives! It’s TechnoCat, Cat Casey, back with a critical concept that underpins the whole eDiscovery rollercoaster ride. I’m talking about the infamous ‘Legal Hold’. No, it’s not a wrestling move, but it...more
Read these ediscovery collection best practices to learn why self-collection – or allowing clients to collect their own data – is dangerous. Picture this: it’s 1988 and you’re at your desk, poring over a veritable...more
There are myriad reasons you may struggle to get the most from your legal hold process—lack of clarity around hold language, follow-ups that fall through the cracks, or low custodian compliance are common challenges for even...more
The duty to preserve evidence begins when litigation can be reasonably anticipated. Legal Holds allow this preservation to take place. However, the process is marred by the potential for errors at every step of the way. As...more
What makes a great legal hold notification? We all know that legal holds are essential for ensuring evidence is preserved. But how do you get custodians to acknowledge legal holds the first time, not the tenth? And what would...more
2020 has been a year of significant change and adjustment, to say the least: the changes that the WFH era has inflicted on data management; the uptick in litigation across the board; layoffs, budget cuts, and the need to do...more
In 2003 Judge Shira Scheindlin wrote “once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of...more
Lawyers are accustomed to slow, gradual changes that unfold over months, years, or even decades. Since our legal system depends on court precedents and democratic mechanisms for regulatory and legislative change, we typically...more
A Legal Hold, also known as litigation hold, document hold, hold order, or preservation order, has more commonly been a US term but organisations in the UK and Europe also need to ensure their data preservation practices are...more
The duty of (identification and) preservation is a foundational concept in our legal system that grows out of the common law concept of “spoliation,” which is more than 200 years old. Essentially, if courts exist to make...more
What makes a great legal hold process? We all know that preservation of evidence is the precursor to ediscovery and all ensuing negotiations and court proceedings. But how you recognize and respond to a preservation...more
Preservation of electronically stored evidence (ESI) may be critical in trade secret cases. When a dispute revolves around whether a defendant accessed and/or transmitted the plaintiff’s trade secret material maintained in an...more
Ready, set, GO! When litigation is threatened, a critical time period begins. You may only have a matter of days to investigate your opponent or your dispute on social media before savvy parties or witnesses change their...more